DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No:  9728-18               
Ref: Signature date 

This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 26 August 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You reenlisted in the Marine Corps and began a period of active duty on 17 March 2008.  On 27 September 2016, you were counseled regarding the USMC tattoo policy.  On 22 September 2016, you were the subject of a Command Investigation into the allegations of recruiter misconduct.  On 30 January 2017 you received nonjudicial punishment (NJP) for effecting unlawful enlistment, failure to obey an order or regulation, false official statement, and conduct prejudicial to good order and discipline, and counseled that same day that you were eligible for not recommended for promotion to Gunnery Sergeant for the next six months.  Your commanding officer subsequently relieved you as “the SNCOIC of Recruiting Substation Victoria for 17 counts of fraudulent enlistment and loss of trust and confidence.”  On 20 March 2017, you were counseled regarding the USMC social media policy.  On 26 April 2017, your name was removed from the FY 2016 Gunnery Sergeant Selection List by CMC (MMPR-2) due to your 30 January 2017 NJP and your then pending “Relief for Cause from recruiting duty due to recruiter misconduct.”  On 15 August 2018, you were counseled that you would be “issued a (RE) code will be RE-4 by CMC (MMEA-1) because [you] failed to demonstrate the high standards of leadership, professional competence, and personal behavior required to maintain the prestige and quality standards of the Marine Corps.” You indicated your desire to make a statement regarding this matter, but no such statement appears in your service record.  You received an Honorable discharge on 26 August 2018, with RE-04. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your reentry code to RE-01, and your assertions that the final determination regarding your RE Code was unjust due to not being given enough time for observation to be successful and prove that you can overcome challenges and adversity.  The Board also considered your assertions that you served honorably, except for one mistake, that your chain of command gave you positive comments for retention, and that the decision was based on what was on paper, not what your direct supervisors saw on a daily basis.  Finally, the Board considered your assertions that you continued to demonstrate the Core Values on a daily basis and maintained a positive attitude.  However, the Board concluded these factors and assertions were insufficient to warrant a change to your reentry code given your misconduct, which resulted in NJP. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,

 
10/16/2019